Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The period of qualifying service of an employee with an employer for the purposes of this Act is the period during which the employee served (including any period that commenced before the commencement of this Act) continuously with the employer.
(2) For the purposes of this Act, an employee shall be deemed not to break, or not to have broken, continuity of service by reason of serving or having served:
(a) on continuous full-time service in a part of the Reserve Forces or of the Citizen Forces;
(b) in a part of those Forces for such period as is or was fixed by or in accordance with regulations under the Defence Act 1903 of the Commonwealth, the Naval Defence Act 1910 of the Commonwealth or the Air Force Act 1923 of the Commonwealth, as in force at the relevant time;
(c) on national service; or
(d) as a member of the Civil Construction Corps established under the National Security Act 1939 of the Commonwealth,
and the period of service of the employee referred to in paragraph (a), (b), (c) or (d), whichever is applicable, shall be deemed to be a period of employment by the employee with the employer by whom he was last employed before commencing that service.
(3) Where an employee completes an apprenticeship with an employer and, within a period of 12 months after completing that apprenticeship, the employee is re-employed by the employer, the period of that apprenticeship shall be deemed to be a period of employment by the employee with the employer.
(4) For the purposes of this Act, an employee shall be deemed not to break, or not to have broken, continuity of employment by reason of an interruption or determination of that employment:
(a) brought about by the action of the employer with the intention or result of avoiding an obligation imposed on the employer by this Act;
(b) arising directly or indirectly out of an industrial dispute where the employee returns to his or her employment in accordance with the terms of settlement of the dispute;
(c) arising from the standing down of the employee by the employer for the reason of a slackness of trade;
(d) after completing a period of apprenticeship with the employer for a period not exceeding 12 months; or
(e) for any other reason and the employee was re-employed by that employer within 2 months of the interruption or determination.
(5) Where an employee is or was absent otherwise than:
(a) on leave granted with pay by the employer; or
(b) by action of the employer with the intention or result of avoiding an obligation imposed on the employer by this Act,
the period of the absence does not form part of the period of employment with that employer for the purposes of this Act.
(6) Where an employee is employed in a corporation and, at any time prior, has been employed in one or more related corporations and the periods of employment are continuous with one another within the meaning of this section, the sum of those periods of employment shall, subject to this Act, be included in the current period of employment for the purposes of this Act.
(7) For the purposes of subsection (6), a corporation shall be deemed to be a related corporation if the corporation is a subsidiary, holding or related corporation within the meaning of the Corporations Act 2001.
(8) Where:
(a) all or part of a business, undertaking or establishment of an employer has, whether before or after the commencement of this Act, been transferred to another employer; and
(b) a person who, at the time of the transfer, was an employee of the first-mentioned employer and transfers his or her employment to that other employer,
the period of employment with such other employer shall be deemed not to have been broken by reason of the transfer, and the period of employment with the first-mentioned employer shall be deemed to be a period of employment with the other employer.
(9) For the purposes of subsection (8), "transfer" includes transmission, conveyance, assignment or succession, whether by agreement, under will, in pursuance of letters of administration of a deceased person's estate or by operation of law.